Do I Have to Disclose My DUI on Job Applications?

Do I Have to Disclose My DUI on Job Applications?

Posted By
Jonathan Blecher, P.A.

If you are facing
driving under the influence (DUI) charges in Miami-Dade County or anywhere else in Florida and you
are in the market for a new job, or anticipate job hunting in the future,
you may be wondering, “What are the requirements for disclosing
DUIs on job applications?” Since I get asked this question frequently,
I decided to dedicate a blog post to it. Continue reading as I shed some
light on this common concern.

For starters, it’s important to differentiate between a
DUI arrest and a
DUI conviction. If someone is simply arrested for DUI, but their charges are dismissed
or they are found not guilty in court, then the defendant was not “convicted.”
On the other hand, if the defendant pleaded guilty to DUI or was found
guilty in court, then he or she was
convicted.

Some applications ask about
both arrests and criminal convictions, some applications ask about convictions
only, and some applications only ask about felony convictions. So, the
goal is to
read the fine print carefully.

Does the application ask about all arrests and convictions?

Does the application ask about misdemeanor convictions only?

Does the application ask about felony convictions only?

When it comes to DUI convictions, honesty is the best policy. However,
it’s not necessary to volunteer a misdemeanor DUI conviction if
the application only asks you about felony convictions. Since most Florida
DUIs are misdemeanors, usually job applicants need to pay attention to
whether the application is asking about all arrests and convictions, including
misdemeanor convictions. Basically, provide information on an as-needed basis.

What if the Interviewer Asks Me About Convictions?

Sometimes, the job application does not ask about any arrests or criminal
convictions; however, the interviewer asks the job applicant if they’ve
ever been arrested or convicted of a crime. If this happens to you, again,
you want to be honest about your past. At this point, I recommend being
forthright, but not dwelling on it. Instead, explain how it was an isolated
incident and won’t happen again. Then, shift your focus to how you’ll
be a valuable asset to the company.

I believe that background checks deserve special mention here. DUIs do
show on background checks, especially because they’re reported indefinitely.
So, even if a job application does not ask about it, and even if the interviewer
does not ask about your criminal history, if they run a background check
on you, the DUI will turn up – that’s as long as you’re
convicted.

The best way to avoid this headache is to beat your DUI charges in the
first place, and you can get started by contacting my DUI defense firm!